For the second time now Apple has submitted misleading evidence in its law suit against Samsung. In this instance, the manipulated evidence has come to light in its Netherlands proceeding, with Apple doctoring images of Samsung’s phones to better resemble its own iPhone 3G.
Samsung’s lawyer Bas Berghuis of Simmons and Simmons, claimed Apple has been “manipulating visual evidence, making Samsung’s device appear more similar to Apple’s.”
Click to enlarge
A Webwereld investigation found a doctored image of the Galaxy S sitting alongside an Apple iPhone on page 77 of Apple’s legal documents. In the image above, the Galaxy’s size and width has been reduced, so that it appears to be the same dimensions as the iPhone. The image is meant to act as an “example of the similarity relevant to copyrights.”
Although the image shows both of the phones sharing the same profile, the Galaxy S pictured is 6 per cent smaller. In real life, the Galaxy measures 122.4 x 64.2 mm, while the iPhone 3G measures at 115.5 x 62.1 mm.
Also, the Samsung is characterised by a 4 inch screen, while the iPhone has a 3.2 inch screen. Yet, in the image submitted by Apple, the Galaxy S’ touchscreen is the same size as the iPhone’s.
Mark Krul, a lawyer who specialises in IT and intellectual property law was shocked by the findings.
“It surprises me that for the second time incorrect presentations of a Samsung product emerge in photographic evidence filed in litigation,” he said. “This is not appropriate and undermines Apple’s credibility both inside and outside the court room.”
In Dutch Law, litigating parties are required to submit evidence that is “complete and truthful”, with Krul believing it is of particular importance when designs and copyrights are alleged.
Krul doesn’t presume that the images have been altered with malice on the part of Apple’s lawyers, but he does believe “Apple has certainly some explaining to do if only to clear itself from the appearance of improper behaviour.”
This is not the first time such reports has surfaced, with Apple evidence in its Tablet case distorting the Galaxy’s aspect ratio to match that of the iPads. Although an injunction preventing sales of the Galaxy 10.1 in Europe was granted, it has since been overturned.
Read: Apple Caught Faking Evidence Against Samsung
Despite Apple making a lot of noise about its designs being infringed, their claims have to be questioned when it has to tamper its evidence.